103 Iowa 412 | Iowa | 1897
The plaintiff is a minor, and appears by his next friend. In June, 1894, when he was about fourteen years of age, while he was walking across Fourth street, in Cedar Rapids, his left foot was caught between a main rail and a ouard rail of one of the defendant’s railway tracks, which were laid in the street, and was run over by a car, and so injured that the limb was necessarily amputated. The evidence tends to show the following facts: Fourth street extends from north to south, and is crossed at right angles by several streets, among which are O and D avenues, the latter being farthest north. From a point south of C avenue, to a point a considerable distance north of D avenue, several railwav tracks, including switches, are laid and maintained in Fourth street. In the morning of the day of the accident, the plaintiff, with a companion named Oudkirk, went north along Fourth street, to bathe in the river north of it. They